Wingo v. . Hooper
Supreme Court of North Carolina
'Civil action, tried before Montgomery, Judge, at Fall Term, T887, of--Jackson Superior Court. The plaintiffs, in their complaint, allege, in substance, •that in March, 1886, they sold and delivered to the defendants goods amounting to the sum of $475.19, which the defendants promised to pay, and that no part of it has been paid.
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'Civil action, tried before Montgomery, Judge, at Fall Term, T887, of--Jackson Superior Court. The plaintiffs, in their complaint, allege, in substance, •that in March, 1886, they sold and delivered to the defendants goods amounting to the sum of $475.19, which the defendants promised to pay, and that no part of it has been paid. After the summons was issued, upon an affidavit, charging that defendants had disposed of their property with intent to defraud their creditors, the plaintiffs obtained an order of arrest. A motion to vacate and set aside this order, heard upon affidavits before…
1Opinion of the Court
Davis J.,
(after stating the facts;. Two questions are presented for our consideration:
1st. The refusal to vacate the order of arrest; and,
2nd. The refusal to submit the issue of fraud, raised by the allegation in the plaintiffs’ affidavits and denied in the defendant's affidavits, to the jury.
Both questions have been judicially settled, adversely to the appellant.
In Roulhac v. Brown, 87 N. C., 1, it was held, in a case similar to this, that the Judge properly declined to entertain a motion to vacate an order of arrest, when the same motion had been made at the previous term and refused. Ashe,…
2Cases cited3 opinions
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Aaron Claflin & Co. v. UnderwoodSupreme Court of North Carolina · 1876
3Cited by10 opinions
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- Baker v. GarrisSupreme Court of North Carolina · 1891
- Patton v. . GashSupreme Court of North Carolina · 1888
- Preiss v. . CohenSupreme Court of North Carolina · 1895
- Baker v. . GarrisSupreme Court of North Carolina · 1891
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